nul Form No. 1 COMPLAINT State of West Virginia Public Service Commission Charleston

Transcription

1 Form No. 1 COMPLAINT State of West Virginia Public Service Commission Charleston (lea\ e blank.). Coinplainant Please provide address so that we may keep you informed electronically of filings in your case ,I - -_- r m. I -. Defendant The petition of the above-named complainant, respectfully shows: 1. That the above-nam (name of defendant). is a public utilitj eilpgcd iil ihi bushi;; the defendant. i.e. gas. nildress). in the Stale of West Virginia, arid as such is sub.ject to the provisions of Chapter 13 (or 24A) oftlie Code of Weit Virginia. I93 1. as amended, and the provisions thereof applicable to Laid clnss of public titi I itics. 2. That the said defendant has violated the laws ofthe State of West Virginia, governing said public utility business, in the following particulars, to-wit: sheet of paper nul crc v, 3 p < o o m TZlO 4 *a3 U

2 (13) - Here srate the remedy )vu seek Wherefore, the coinplaiiiant prays that the said defendant (defendant's name) be required to answer the charges herein above set out, aiid that. after due investigation, an order may be made commanding the said defendant to cease and desist from the wrongfiil conduct aforesaid. and for such other and flirther order as the Public Service Coiiiiiiissioii of West Virginia iiiaj deem iiecessarj. reasonable aiid just in the premises. [Prayer inay ask for the ascertainment of IawfLil rates of practices, and an order requiring the defeiidaiit to conform tliereto.] Dated day of 7- I,200-. (Signed) ~- Signature of Complainant Ib (Your F~ill Address) I (Fax) (If you have an attorney, hidher name) - -, Attorney. if applicable. A4ttomey's Address: Subscribed and sworn before me this THIS FORM MUST BE NOTARIZED [If Complaiiianz is sigiiiiig out-of-state. please PLEASE NOTE: It is extremely important to notify the PSC of any changes to your contact information and to promptly retrieve Certified Mail upon notification of such,

3 RECEIVED a2 k I m 8 & I u 3/31/10 to 4/7/10 --{ ii 1.,_

4 Foster, David From: Foster, David Sent: Wednesdav. ADrilO :08 PM To: Matoaka ( - cc: Ell, Subject: Matoaka-K. Reed

5 Page 1 of 3[9 1 3

6 TOWN OF MATOAKA COUNCIL MEETING MINUTES MARCH 23,2010 Council Present- Mayor Todd Colonna, Doug Hawkes, Frank Caruso, Roby Shrewsbury, Kelly Colonna Meeting called to order- Mayor Todd Colonna Prayer- Doug Hawkes 07 s g rn =a "0 C z g = m 5 PEE 5cno n < m2u, m Approval of last minutes- Frank Caruso made motion to approvcprmrmte j Roby Shrewsbury Znd, minutes were approved. - 5 Old Business- Water & Sewer Mayor Colonna said things are going well, no problems. - a o m n m - 3 'A m 0 - m Alcohol Ordinance (Readings) Phillip Bail, the Town Of Matoaka Attorney read this letter: As requested, I have reviewed the Petition to not change the existing Alcohol Ordinances, filed at the February meeting of the Matoaka Town Council. My review included obtaining a complete list of all registered voters within the Town of Matoaka,To insure that the Petition met the requirements of West Virginia code 7A-8-1,et seq. These requirements include that at least ten (IO) percent of the qualified voters must sign the Petition. Pursuant to the Mercer County Clerk of the County Commission, there are 208 registered voters in the Town of Matoaka.This would mean that at least 21 registered voters would need to sign the Petition to go any further with the analysis. As you no doubt can see, only I 9 people had signed the Petition so there is no further action required on the Petition as it failed to meet the first test. You are aware that this was only one of a couple of items which would prevent this Petition from being acceptable. Some of these other items are as follows: several of the individuals who signed the Petition were not registered voters in Mercer County, much less within the Town of Matoaka ;and the Petition was filed pursuant to code 7A-8-1 which deals with a change to the Town Charter, not a change to an existing Town Ordinance.

7 Phillip Ball read first reading, Chapter 10 Section 10.2 Article not acceptable to certain uses, be amended as follows: (D) A private wine Bed & Breakfast, private wine Restaurant (E) An establishment licensed to sell beer and/or wine for consumption on premises where said sell of beer and/or wine accompanies the serving of food or meals. Kelly Colonna made motion to approve ordinance and Frank Caruso 2nd motion, motion carried, all in favor, Doug Hawkes-No, Roby Shrewsbury- No, Kelly Colonna-Yes, Frank Caruso-Yes,Tie was broken by Mayor Todd Colonna -Yes, motion was passed. Randy Radatz argued that Mr. Ball was incorrect about the ordinance and that he feels no alcohol in the Town Of Matoaka. Public Discussion - They say that they do not want Bar Joints in The Town of Matoaka. After many comments were made, Mayor Todd Colonna offered to the public a 2 drink minimum with a meal purchase while drinking in the establishment. The customer must drink from a glass container and may not leave the establishment. This will be put in the next reading of the ordinance in the April City Council Meeting. Hog Roast - June 11 th & 1 2fh,201 0 Grants- Kelly announced a $ grant to be used for streets and infrastructures. New Business- Old generator - Carl Roark wanted the old generator, Randy Radatz said he would pay $50.00, Town Council said to run an ad in the newspaper for bids. Street Sweeper - Kelly said it is now fixed and now can be used for the streets.

8 - Litter- Mayor Todd Colonna will start to enforce the ordinance. Newsletter- Kelly announced first newsletter for the Town of Matoaka and was very proud of the newsletter. Financials- Kelly showed Town Council financials of each dept. Pav Bills - Roby Shrewsbury made motion to pay bills, Frank Caruso 2"d it, motion carried. Meeting was adjourned at 7:46 p.m.

9 TOWN OF MATOAKA COUNCIL MEETING MINUTES FEBRUARY 16,2010 6:OO P.M. - m cfl s g 4 < R z0-u ' & z 3 p MEETING CALLED TO ORDER BY: MAYOR TODD COLONNA ~RAYER:DOUG HAWKES t PPROVAL OF LAST MINUTES: FRANK CARUSO MADE MOTION TO APPROVE MINUTES, OBY SHREWSBURY ZND, MINUTES WAS APPROVED. ~ L BUSINESS: D WATER & SEWER TODD SAID THAT THE GUYS WERE REALLY WORKING HARD TO KEEP EVERYTHING GOING AND THAT SO FAR EVERYTHING IS tn GOOD SHAPE. -TODD TALKED ABOUT THE SEWER NEEDING SOME REPAIR. E RDINANCES:. HATFIELD & McCOY- MOTION TO ADOPT, FRANK CARUSO lst AND DOUG HAWKES 2ND. OTION CARRIED,. MOBILE HOMES- MOTION TO ADOPT, DOUG HAWKES IST AND FRANK CARUSO 2ND OTION CARRIED..ALCOHOL SALES-NO MOTION WAS MADE AT THIS TIME. i ANDY RADATZ SPEAKS ABOUT THE 4-WHEELERS AND THE STREETS THAT THEY DO NOT ANT THE 4-WHEELERS ON,THE MAYOR TOLD RANDY THAT THIS WOULD HAVE TO GO ON HE AGENDA FOR NEXT MONTHS MEETING. PHILLIP BALL TOLD EVERYONE THAT THIS RDINANCE WOULD NOT EVEN GO INTO EFFECT UNTIL THE HATFIELD McCOY TRAIL OME INTO MATOAKA. RADATZ PRESENTED A PETITION AGAINST THE SALE OF ALCOHOL HERE IN TOWN ITH 42 SIGNATURES ON IT AND PHILLIP BALL TOLD EVERYONE THAT THIS WOULD HAVE 0 WAIT UNTIL NEXT MEETING BECAUSE HE WOULD HAVE TO CHECK OUT ALL THE IGNATURES ON THE PETITION TO BE SURE THAT THEY WERE REGISTEREDVOTERS ERE IN MATOAKA. WERE SEVERAL OF THE PEOPLE THAT WERE HERE THAT WAS CONCERNED BOUT THE SALE OF ALCOHOL HERE IN TOWN. todd TALKED ABOUT THE SEWER REPAIR AND HE HAS A QUOTE FOR THE REPAlR,SAID THAT THIS WAS WHY THE MEETING WAS MOVED UP 1WEEK FOR US TO GET APPROVAL

10 TO HAVE THE SEWER PLANT REPAIRED. TODD TOLD COUNCIL THAT THE QUOTE WAS FOR $2, AND HE ASK FOR ANY QUESTIONS. FRANK CARUSO ASK WHERE THE MONEY WOULD COME FROM.TODD TOLD COUNCIL THAT THE MONEY WOULD COME FROM THE -WATER SAVINGS ACCOUNT.FRANK SAID TO CONTACT THE GOVERNER AND ASK FOR MERGENCY HELP BUT MARSHA HOWELL TOLD THEM THAT COULD TAKE MONTHS AND THAT WE NEEDED THE MONEY NOW.TODD ASK FOR MOTION TO USE THE WATER SAVINGS ACCOUNT AND DOUG MADE IST MOTION AND FRANK 2ND IT MOTION CARRIED. THE MONEY WILL BE PUT BACK INTO THE WATER SAVINGS ACCOUNT WHEN WE GET FUNDING. RANDY RADATZ HAD ASKED THE TOWN TO PAY HIM AND KEITH REED FOR THE FUEL THAT THEY HAD BOUGHT FOR THE SNOW REMOVAL FOR CARTER HILL AND OTHER AREAS.THE AMOUNT TO PAY WAS $ TO RANDY AND $50.00 TO KEITH.TODD ASK FOR MOTION TO PAY THESE GUYS AND DOUG HAWKES MADE MOTION TO PAY AND ROBY SHREWBURY 2ND IT,MOTION CARRIED. COUNCIL WAS PRESENTED A LIST OF ALL THE BILLS TO BE PAID AND TODD ASK FOR A MOTION TO PAY THE BILLS.FRANK CARUSO MADE IST MOTION AND ROBY SHREWBURY 2ND IT,MOTION CARRIED,BILLS WILL BE PAID. A LIST OF THESE BILLS WILL BE WITH THE MINUTES. 1 - TODD ASK FOR A MOTION TO ADJOURN THE MEETING- DOUG HAWKES IST AND FRANK CARUSO 2ND IT.MEETING ADJOURNED AT 7:45 P.M.

11 I REC E f VE D 2010 JUN 17 Rfl 7 57 Town Of Matoaka Council Meeting Minutes April 27,2010 Meetinp called to order-mayor Todd Colonna Prayer- Doug Hawkes Colonna, Kelly Colonna, Roby Shrewsbury, Frank ebra Vickers and Recorder Lamar Lancaster. Approval of last minutes-doug Hawkes made motion to approve and Frank Caruso Znd,motion carried, minutes were approved. Old Business- Water & Sewer- WV Water is going to bring a chart or a piece of mapping and that will be the first step of them coming here. Todd said that the water plant is running good. Kelly turned the aerator that had froze and broke into the insurance company and they told her that the deductible was $ and that we may be able to get a grant to help pay...* Kelly read the last reading of the alcohol ordinance because the Attorney, Mr. Ball could not be here at the meeting. The motion to approve the ordinance was made by 1"was Frank Caruso and 2"d was by Kelly Colonna, motion carried, ordinance was approved. HOP Roast I I Ivan Combs will be playing again this year and the bands will be $ again and Kelly ask for a loan of $ to purchase pop, water & other supplies with and Doug Hawkes made motion for the loan and Roby Shrewsbury 2"d.motion carried, loan was approved. The pop will be sold for.50 cents per can and the water will be sold for.25 cents. Todd talked about the guys coming from FEMA and they had told him what could be done to stop the flooding here in Matoaka but at the present time since there is no more business's h Town, we are eligible for this right now so Todd told them to come back at the end of the summer to see how things are going. New Business: Employee Raise- Todd explained to council about the money for the raise and where it would come from that Rick Davis, our Class 2 operator for the water plant could not draw more than $60.00 per week and that we had been paying him $ per week so Rick stated that he wanted the employees to have a raise so Todd explained

12 that it would be a.30 cent per hour raise for the employees and K ee explained that she would not take a raise for she can leave the Town Hall anytime she wants to and so she will not be taking a raise. Roby Shrewsbury made motion for the raise and Doug Hawkes Znd it and motion carried, raise was approved. Kelly explained the budget to council and let them know what the budget for will be $142,735.0O.Frank Caruso made motion to approve budget and Roby Shrewsbury 2nd it, motion carried, budget was approved. Financials: Kelly showed council the financials and ask for a motion to approve, Doug Hawkes made motion to approve and Roby Shrewsbury 2nd it, motion carried. Y Fav Bills: Council was given a list of the bills that has to be paid and Todd ask for a motion to pay the bills so Roby Shrewsbury made motion to pay and Frank Caruso 2nd it, motion carried. \ Debra Vickers made motion to adjourn and Doug Hawkes 2nd it, meeting was adjourned at 6:50 p.m.

13 sec06 17 I O.wpd PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CHARLESTON Entered by the PUBLIC SERVICE COMMISSION OF WEST VIRGINIA, in the City of Charleston on the 17" day of June 20 IO. CASE NO W-C KEITH P. REED Matoaka, Mercer County, V. TOWN OF MATOAKA a municipality, Complainant, Defendant. On June 17, 2010, Keith P. Reed filed a formal complaint, duly verified, against Town of Matoaka. IT IS THEREFORE ORDERED that the Defendant is required to satisfy the complaint or make answer thereto, in writing, within ten days of the service upon it by certified mail of a copy of the complaint and a copy of this order in accordance with the provisions of Rule 7 of the Rules of Practice and Procedure before this Commission, and after receipt thereof or default therein, the Commission will proceed to investigate the matters set forth in this complaint in such manner and by such means as may be deemed proper. IT IS FURTHER ORDERED that the Secretary of the Commission is directed to serve a copy of the complaint upon the Defendant, delivering to it a copy of the complaint and a copy of this order by United States Certified Mail, return receipt requested. SSijan s.wpd Public Service Commission of West Virgirua Charleston